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Mediation – an Option for Your Divorce?

By Admin • Aug 24, 2018

Mediation – an Option for Your Divorce?

MEDIATION is a CHOICE in how you proceed through your divorce (even if you do not want the divorce). The traditional approach can be costly and also cause upset and needless disputes as the parties are not talking directly, rather, through attorneys or only in court. Mediation is an option to resolve your disputes directly, efficiently, and minimizes emotional distress. Even if your case has already been pending for a while, the litigation costs, attorney fees, and emotional drain take a toll. Mediation is appropriate for all types of cases, including parties that do not get along and have very different ideas on settlement.

ATTORNEY MEDIATOR acts as a neutral party to help the clients reach settlements on any or all issues in their legal matter, including a signed settlement agreement. This includes property (asset) division, debt division, maintenance (alimony), and child related matters such as placement, custody, child support, and health insurance. It also includes assistance with all of the forms (at Horizons Law Group anyway!).


PRODUCTIVE DISCUSSIONS. The parties rely upon the mediator to continue to redirect, reframe and continue discussions towards possible settlement ideas while incorporating and listening to each client’s viewpoint. Oftentimes mediation is the first chance for the client to tell their side of the story and situation that brings them to this point. Clients are not expected to continue the conversation with the other party after each mediation session as the same communication problems arise between the parties or attorneys that prevented them from settling on their own. The mediator’s skills and expertise in continuing the conversation can make all the difference in resolving your dispute.


CREATIVITY is also an added benefit of mediation. Clients are clearly focused on the outcome of their divorce which may prevent them from thinking about creative ways to achieve those goals. The mediator will review each aspect, and discuss options for each item – even options parties may not have thought of. This is where experience matters.


PRIVACY & SETTLEMENT. Mediation is a settlement process that is private, and options discussed remain private and will not be shared or discussed in court, unless the parties reach an agreement. Discussions remain confidential and neither party nor attorney can require that the mediator testify in court for any reason related to the case. The courts encourage settlement discussions and will uphold these privacy requirements at all times.


GRIEVING PROCESS. Divorce, like other major life changes, oftentimes involves the grieving process. The Mediation process allows the parties to work through their grief and have their questions addressed. The process itself – several sessions over the span of 3-4 months – provides the time for processing grief as well as the discussions that occur in the sessions.


TEAM APPROACH. Many times we team up with other professionals to provide the best service to clients. If your case involves children, you may work with a child specialist for your parenting plan. For financial options, we may refer you to work with a divorce planner. Fees can be split or apportioned as needed to address all of these recommended services. While not required, clients are also encouraged to work with an attorney/divorce coach to answer individual questions to make the mediation sessions more effective. However, divorce statutes (legal requirements) are given to each party and general guidelines discussed and considered as part of the divorce mediation process.


FLAT FEE. A flat fee mediation package eliminates the parties feeling under the pressure (the hourly clock) which prevents clear thinking and creative solutions to address all of the concerns that they need to discuss in mediation. The average divorce mediation is settled in about four to five sessions with a complete, well rounded agreement. Each session is about two hours in length. Our mediation package also includes the necessary forms from start to finish and assistance to ensure they meet the court's standards for completeness. 

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